Senate
Study
Bill
3007
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
IOWA
PUBLIC
EMPLOYEES’
RETIREMENT
SYSTEM
BILL)
A
BILL
FOR
An
Act
concerning
bona
fide
retirement
requirements
under
the
1
Iowa
public
employees’
retirement
system
and
including
2
effective
date
and
retroactive
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5359DP
(9)
83
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S.F.
_____
H.F.
_____
Section
1.
Section
97B.52A,
subsection
1,
paragraph
c,
Code
1
2009,
is
amended
to
read
as
follows:
2
c.
(1)
For
a
member
whose
first
month
of
entitlement
3
is
July
2000
or
later,
the
member
does
not
return
to
any
4
employment
with
a
covered
employer
until
the
member
has
5
qualified
for
at
least
one
calendar
month
of
retirement
6
benefits,
and
the
member
does
not
return
to
covered
employment
7
until
the
member
has
qualified
for
no
fewer
than
four
calendar
8
months
of
retirement
benefits.
9
(2)
For
purposes
of
determining
a
bona
fide
retirement
10
under
this
paragraph
“c”
,
effective
the
following
provisions
11
apply:
12
(a)
Effective
July
1,
2000,
any
employment
with
a
covered
13
employer
does
not
include
employment
as
an
elective
official
14
or
member
of
the
general
assembly
if
the
member
is
not
covered
15
under
this
chapter
for
that
employment.
16
(b)
For
purposes
of
determining
a
bona
fide
retirement
17
under
this
paragraph
and
for
a
member
whose
first
month
of
18
entitlement
is
July
2004
or
later,
but
before
July
2010
2011
,
19
covered
employment
does
not
include
employment
as
a
licensed
20
health
care
professional
by
a
public
hospital
as
defined
in
21
section
249J.3,
with
the
exception
of
public
hospitals
governed
22
pursuant
to
chapter
226.
23
(c)
Effective
May
25,
2008,
any
employment
with
a
covered
24
employer
does
not
include
noncovered
employment
as
a
member
of
25
the
national
guard
called
to
state
active
duty
as
defined
in
26
section
29A.1.
27
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
The
provision
of
this
28
Act
enacting
section
97B.52A,
subsection
1,
paragraph
“c”
,
29
subparagraph
(2),
subparagraph
division
(c),
being
deemed
of
30
immediate
importance,
takes
effect
upon
enactment.
31
Sec.
3.
RETROACTIVE
APPLICABILITY.
The
provision
of
32
this
Act
enacting
section
97B.52A,
subsection
1,
paragraph
33
“c”
,
subparagraph
(2),
subparagraph
division
(c),
applies
34
retroactively
to
May
25,
2008.
35
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2
S.F.
_____
H.F.
_____
EXPLANATION
1
This
bill
concerns
the
determination
of
a
bona
fide
2
retirement
under
the
Iowa
public
employees’
retirement
system
3
(IPERS).
4
Current
law
allows,
until
July
2010,
a
person
to
retire,
5
receive
retirement
benefits,
and
to
return
to
covered
6
employment
as
a
licensed
health
care
professional
at
a
public
7
hospital
after
one
month
and
still
receive
retirement
benefits.
8
Most
retirees
under
IPERS
are
not
allowed
to
return
to
covered
9
employment
and
continue
to
receive
retirement
benefits
until
10
at
least
four
months
after
they
retire.
The
bill
extends
11
the
sunset
of
this
shortened
period
for
licensed
health
care
12
professionals
from
July
2010
to
July
2011.
13
The
bill
also
provides
that
a
person
retired
under
IPERS
may
14
return
to
noncovered
employment
as
a
member
of
the
national
15
guard
called
to
state
active
duty
at
any
time
for
purposes
of
16
determining
a
bona
fide
retirement
under
IPERS.
This
provision
17
takes
effect
upon
enactment
and
applies
retroactively
to
May
18
25,
2008.
19
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